City of Havre de Grace, MD MOE Mixed Office/Employment Center

The purpose of this article is to promote major economic development opportunities, including but not limited to corporate offices, research and development facilities and high-tech services, which have a positive effect on the City's economic tax base and employment opportunities through encouraging a campus-like development that has a compatible mixture of employment, office, commercial, recreational, civic and/or cultural uses which are integrated and developed under an overall master plan with limited retail. Retail uses within the MOE District are primarily intended to serve those individuals employed within the MOE District. Development within the MOE District shall incorporate a pedestrian precinct, as defined herein, to promote a pedestrian friendly environment allowing non-vehicular movement within the development linking all uses and promoting the principles of smart growth. This article is designed to require that office and institutional/recreational uses are built prior to or simultaneously with retail uses.

§ 205-30 Principal permitted uses.

The MOE District shall be comprised of a minimum of 65% office square footage. The MOE District may contain a maximum of 20% retail square footage and a maximum of 25% institutional/recreational square footage as defined in this section. The construction of the retail and other permitted uses shall be only in conjunction with an equal amount of the office construction up to the maximum percentages.

[Amended 8-6-2012 by Ord. No. 943]

The following are the principal permitted office uses:

(1)

Office for professional services, with accessory uses as defined herein for the following:

(a)

Accountant, auditor.

(b)

Appraiser, auctioneer.

(c)

Banking, financial, stocks.

(d)

Business support services.

(e)

Computer software.

(f)

Contract management.

(g)

Corporate headquarters.

(h)

Data entry.

(i)

Engineering, surveyor.

(j)

Insurance.

(k)

Lawyer, title services.

(l)

Marketing, commercial artist.

(m)

Real estate agent.

(n)

Research and development.

(o)

Any similar office use as approved by the Department of Planning.

(2)

Health care office, laboratory, with related retail sales, if any, for the following:

Acupuncturist.

Chiropractor.

Dental care.

Outpatient diagnostic and treatment services.

[Amended 8-6-2012 by Ord. No. 943]

Physical therapy.

Medical doctor.

Optometry.

Urgent care.

[Added 8-6-2012 by Ord. No. 943[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection B(2)(h) and (i) as Subsection B(2)(i) and (j), respectively.

(i)

Any similar medical office use as approved by the Department of Planning.

(j)

Pharmacy that is part of an office as enumerated herein.

(3)

General hospital, in accordance with the provisions of Maryland Health Care Commission Regulations COMAR Section 10.07.01.03 A. Said general hospital may include a helistop or helipad, providing:

[Amended 2-5-2018 by Ord. No. 996]

(a)

All ground-level pads shall be located to provide a minimum clearance of a one-hundred-foot radius from any building, structure, tree, utility poles or lines, or light structures, or greater if required by FAA regulations.

(b)

No pads shall be located within 1,000 feet of a residential unit, or greater if required by FAA regulations.

(4)

Freestanding Medical Facility (FMF).

[Added 2-5-2018 by Ord. No. 996]

(a)

The FMF must provide a full service, 24/7 emergency department or its equivalent, as defined and permitted by the appropriate state regulations and approval process, and may include observation beds for short-term overnight stays up to 48 hours. The FMF may also include such additional services, which may be provided in separate medical office buildings on the same medical campus, for outpatient services, areas for ancillary services, such as office space for primary and specialty care physician practices, and additional outpatient ambulatory services, including but not limited to radiology services, cardiology testing, laboratory testing, physical therapy, outpatient infusion services, outpatient surgical center, etc.

(b)

The operator of any FMF must provide a plan to provide private ambulance services, at the expense of the operator or by ambulance services outside of the control of the City of Havre de Grace agreeing to such services, for the transportation of any and all patients who arrive at this facility, either by ambulance or as a walk-in patient, when emergency treatment requires transportation to a general hospital for the emergency care and follow-up care of the patient.

(c)

Any FMF must be designed and constructed in such a manner as to allow for conversion at a future date to a general hospital without the need for alterations and modifications that would require demolition of more than 15% of any existing facility.

(d)

A FMF may include a helipad, to the same extent and subject to the same conditions listed above for general hospitals.

(5)

Special hospital, limited to a special psychiatric hospital in accordance with the regulations of the Maryland Health Care Commission, and further limited as follows:

[Added 2-5-2018 by Ord. No. 996]

(a)

Maximum number of beds: 45.

(b)

All activities, as described in the appropriate state regulations, must be conducted within a single comprehensive structure originally designed and approved for use as a special psychiatric hospital, or within coordinated structures approved for such use by the Planning Commission. The use or modification of existing freestanding buildings or proposed freestanding buildings for this use is prohibited. Also, no existing or proposed freestanding building not located within close proximity and on the same parcel as the special hospital may be used for the services described as a part of a special psychiatric hospital, as defined by the Maryland Health Care Commission.

The following are the principal permitted retail uses:

(1)

Apparel/clothing/shoe store or general merchandise stores.

(2)

Bakery.

(3)

Bank branch facility with or without drive-through.

[Added 8-6-2012 by Ord. No. 943[2]]

[2]

Editor's Note: This ordinance also redesignated former Subsection C(3) through (28) as Subsection C(4) through (29), respectively.

(4)

Barbershop, beautician, tanning or nail salon.

(5)

Bicycle shop, sporting goods or hobby store.

(6)

Bookstore having a gross floor area not greater than 30,000 square feet.

(7)

Card shop, gift shop and stationery supply.

(8)

Coffee shop.

(9)

Computer sales, service.

(10)

Copy shop.

(11)

Delicatessen.

(12)

Drug store, pharmacy or health/personal care.

(13)

Dry cleaners.

(14)

Electronic component or appliance store having a gross floor area not greater than 30,000 square feet.

(15)

Electronic, precision equipment, personal or household goods repair.

(16)

Florist.

(17)

Furniture/home furnishing store having a gross floor area not greater than 30,000 square feet.

(18)

Gas canopy with a building no larger than 6,000 square feet with public restrooms and no more than 10 pumps and/or 20 mpds.

(19)

Grocery.

(20)

Hardware store having a gross floor area not greater than 30,000 square feet

Liquor store.

Luggage shop.

Newsstand.

Office supply: equipment sales, lease and service store.

(25)

Package delivery service.

(26)

Photography retail store.

(27)

Restaurants, fast-food/pizza/sub shops without drive-through service.

(28)

Theater.

(29)

Any similar retail use as approved by the Department of Planning.

The following are the principal institutional/recreational uses:

(1)

Child day-care facility. All facilities shall include an enclosed and naturally screened play area that is adjacent to said facility.

(2)

Conference center. A conference center may contain a banquet facility as a permitted accessory use.

(3)

Gym or health spa. The facility may contain, as an accessory use, indoor commercial recreation uses, provided that no noise, including music, shall be audible outside of the building or adjoining tenant spaces.

(4)

Hotels, as defined in Article II of Chapter 205, and further providing:

(a)

Limited service:

[Amended 8-6-2012 by Ord. No. 943]

[1]

A guest laundry, meeting facilities and a pool or fitness center.

[2]

Complimentary continental meal services.

(b)

Extended stay:

[1]

An all-suite facility.

[2]

An indoor pool, fitness center, guest laundry, business center, and meeting facilities.

[3]

Complimentary breakfast every day to its guests.

(c)

Full service:

[1]

An indoor pool, fitness center, guest laundry, and meeting facilities.

[2]

A full-service restaurant.

(5)

College, university or seminary.

[Added 8-6-2012 by Ord. No. 943[3]]

[3]

Editor's Note: This ordinance also repealed former Subsection E, which provided for light manufacturing.

§ 205-31 Special exceptions.

[Amended 8-6-2012 by Ord. No. 943]

The following special exception uses may be permitted after the Board of Appeals (BOA) considers the recommendation of the Planning Commission and makes its own review that all of the setback requirements and development standards of the MOE District have been met and after considering the criteria of § 25-16 of the City Code. The total combined uses that are permitted by the BOA below cannot comprise more than the total permitted percentages of the uses as enumerated in § 205-29 et seq.

Retail uses.

(1)

Banquet facility, unless incorporated into a conference center.

Other institutional/recreation uses.

(1)

Adult day-care.

(2)

Commercial recreation: indoor, which shall provide, unless incorporated into a gym or health spa:

(a)

Parking lot lighting shall be provided 1/2 hour before and one hour after operations during hours of darkness.

(b)

Noise, including music, shall not be audible outside of the building or in adjoining tenant spaces.

(3)

Commercial recreation: outdoor (batting cages, driving range, miniature golf), providing:

(a)

Parking lot lighting shall be provided 1/2 hour before and one hour after operations during hours of darkness.

(b)

Noise, including music, shall not be audible outside of the building or in adjoining tenant spaces.

(4)

Telecommunications tower, providing:

(a)

The tower shall be set back at least one foot for every foot in height from any building or structure, and the tower shall be designed to collapse within the lot lines of the property upon which it is constructed.

(b)

Satellite and microwave dishes attached to a tower shall not exceed 10 feet in diameter. The tower shall be designed to accommodate at least four telecommunication providers.

(c)

No commercial advertising is displayed on the tower or the equipment building.

(d)

Each unmanned equipment building shall not exceed 12 feet in height or contain more than 400 square feet of gross floor area per user of the tower.

(e)

The tower applicant shall provide the Department of Planning, at time of application, a finding from the Federal Aviation Administration (FAA) that the proposed facility is not a hazard or obstruction to aviation.

(5)

Public service, religious and educational facilities.

(6)

Community facility.

(7)

Educational: primary/secondary.

(8)

Printing and publishing facility.

(9)

Public safety services, EMS, fire, police.

(10)

Radio or TV broadcast studio.

Light manufacturing, provided that:

(1)

All uses shall be conducted within a completely enclosed building.

(2)

All uses shall be conducted so as not to create any danger to the health, safety and welfare or any material adverse impact on the property or surrounding areas by creating any excessive noise, vibration, smoke, dust, lint, odor, heat or glare beyond the boundaries of the property.

(3)

The assembly, manufacturing and warehouse areas of the uses shall not exceed 80% of the maximum gross square footage of any building, so long as light manufacturing uses do not exceed 20% of the total square feet of office space in the MOE Zone.

(4)

Adequate stacking space shall be provided on site for trucks waiting to be loaded or unloaded.

§ 205-32 Accessory uses and structures.

Accessory uses shall not be located in a front yard. Accessory uses customarily incidental to any principal permitted use, conditional use or special exception shall be permitted without hearing and include the following:

Cafeteria/lunchroom/snack bar for the use of building occupants where such facility is located.

[Amended 8-6-2012 by Ord. No. 943]

Coin-operated vending machines and automated teller machines inside the building for the use of building occupants.

Off-street loading.

Recreational facilities for employees.

Conference and meeting facilities.

Trash receptacle area.

Fences and walls, provided such structures are similar in architectural treatment and materials to the principal building structure.

Parking area beneath structure of building.

Any similar accessory use as approved by the Department.

§ 205-33 Lot, setback and development requirements.

[Amended 8-6-2012 by Ord. No. 943]

Except for the use(s) in this article where the lot and setback requirements are specifically stated in the text of said use(s), the following lot and setback requirements shall apply:

Minimum area of an individual mixed office/employment (MOE) District: 65 acres.

Maximum building height: 70 feet from finished grade, except for hospitals, for which the maximum is 115 feet from maximum height of finished grade, not including HVAC, elevator and other similar equipment which may be positioned atop the building.

Minimum building front setback: five feet.

Minimum building side setback: zero feet.

Minimum building rear setback: five feet.

Construction ratio: For each square foot of office construction no more than an equal amount of retail and/or institutional/recreational construction may occur within the same phase of development until the maximum percentage of each category is reached.

Setback from residential zoned lots or parcels: No building shall be constructed within 100 feet of the boundary line of a residential zoned lot or parcel.

§ 205-34 Development standards.

[Amended 8-6-2012 by Ord. No. 943]

All projects in this district shall submit a concept plan that addresses the standards and requirements of this article. Once the concept plan is approved by the Department of Planning and the Planning Commission has had 30 days to review and make recommendations, the applicant may then continue with the normal approval process as outlined in the City Code; provided, however, that the overall plan remains in material aspects in conformance with the approved concept plan. Plans that are submitted subsequently and that are not overall in material conformance with the approved concept plan shall, in the discretion of the Department of Planning, be referred for further review as a revised concept plan. Minor modifications to locations or sizes of building footprints or varying permitted uses, which on the concept plan are understood to have been for illustrative purposes, shall not be considered material changes requiring a revised concept plan. The Department has the authority to require the relocation of buildings or amenities from their approximate locations shown on the concept plan, which modifications would more materially foster the principles of smart growth or enhance pedestrian movements while providing for the orderly development of the site. All uses shall be designed to be a harmonious and integral part of the district in terms of orientation, visibility, traffic access and pedestrian circulation. In addition, the following standards must be addressed with the submission of a concept plan:

Vehicular and pedestrian access. For purposes of this article, the term "pedestrian precinct" means a feature of the development that incorporates sidewalks, paved trails, and other passive and active open space amenities as required by this section, for the purpose of promoting and enhancing safe pedestrian circulation and bicycle use within the development, providing a pedestrian linkage of all uses within the development, and providing pedestrian and bicycle connections to adjoining neighborhoods. The development shall incorporate one or more pedestrian precincts. If the development features more than one pedestrian precinct, all such pedestrian precincts shall be connected by the sidewalks within the development. All uses within the development shall be connected to a pedestrian precinct. The sidewalks, paved trails, and open space amenities comprising the pedestrian precinct, all vehicular access points to the development, and all internal roadways within the development shall be located and designed to minimize traffic hazards and congestion and conflict between pedestrians and vehicles, and shall be designed in accordance with accepted principles of traffic engineering. A pedestrian precinct shall include an area or areas for pedestrian interaction, such as a green, plaza or courtyard that provides pedestrian amenities, such as, but not limited to seating areas, street furniture, lighting, landscaping, fountains, water features, art or other appropriate elements. Any such areas shall be of a size and location that is easily accessible by all users of the development.

Architectural treatment: Design guidelines that are to be incorporated into the submission of the site plan should include the following:

(1)

The exterior wall surfaces (front, rear and sides) of each individual building shall be similar in architectural treatment and materials. All buildings within the individual Mixed Office/Employment (MOE) Districts also shall be compatible in treatment and materials to one another.

(2)

Modulation shall be incorporated in building designs in this zoning district to reduce overall bulk and mass of buildings, with planes of exterior walls not running in one continuous direction more than 1/3 of the length or width of a building without an offset or setback or color change where the length or width exceeds 200 feet.

(3)

Mechanical equipment should be located within the building or within an enclosed mechanical equipment penthouse. If mechanical equipment is located on the roof or is freestanding on the site, it must be effectively screened from view by means fully compatible with the architecture. Mechanical equipment must be screened from view from all sides.

Open space. At least 25% of the development shall be used for passive and active open space. The areas devoted to parking lot landscaping, plazas, village greens, greenways, the pedestrian precinct, other recreational amenities, if any, and other areas suitable for active and passive open space shall be counted toward the open space requirement. Areas devoted to stormwater management facilities may be included in the calculation of open space if they are suitable for active or passive recreation and/or forest conservation easements.

Loading and receiving areas: Buildings having loading or receiving areas shall be designed so that the loading or receiving operations are not visible from any public City road.

Civic uses: The developer shall also provide at no cost to the City the following:

(1)

A minimum of 300 square feet of enclosed office space within one of the buildings in the retail hub of the development for use by the City for promotion of tourism, special events and economic development.

(2)

At least two mutually acceptable locations in the developed area for informational kiosks in a size and design mutually acceptable to promote the City. The City shall be responsible to maintain these amenities.

(3)

A paved trail at least six feet wide shall be incorporated into the development plan to enhance pedestrian circulation, bicycle use and public recreational opportunities. The trail shall support an environmentally friendly community by providing pedestrian and bicycle connections to nearby neighborhoods and trail systems. The developer shall construct the trail, as approved by the City, concurrently with the development of the project and before the first use and occupancy permit is issued. The trail shall be maintained by the developer or its successors, and if the development tract is subdivided, maintenance of the trail shall be provided for in the maintenance agreement required herein. The trail required by this subsection may be an element of one or more pedestrian precincts as required by this Code.

Public utility lines and structures: All public utility lines and structure shall meet the following requirements:

(1)

All utility lines and/or piping to and from said structures shall be underground. Utility poles are not permitted in the MOE Zoning District.

(2)

All utility structures such as junction and access boxes, capacitor banks, propane canisters, transformers, and switching devices, shall be landscaped and naturally screened on all sides of the structure. If the nature and purpose of the distribution structure requires a fence, vegetative screening shall be placed along the outside of the fence.

(3)

Adequate space shall be provided to allow access to the structures.

(4)

All structures located in open space shall be painted the industry standard ANSI green and/or be architecturally similar to the other structures in the district.

(5)

If the structure is the principal use of the lot, i.e., an electric distribution substation, all setback requirements of this zoning district shall apply. Substations shall not be located on major thoroughfares.

Record plat approval: The following additional items must be delivered to, reviewed by, and approved by the Department of Planning prior to recordation:

(1)

Off-street parking: Plans submitted must show that parking and roadways shall be within the established building setbacks of this zoning district, with the exception of the access drives onto the property. The number of required parking spaces shall be based on the City's current Off-Street Parking Ordinance.[1] As it is a purpose of this zoning district to establish a campus-like setting with the provision of adequate open space, joint-use parking structures are encouraged to be established. Such structures, should they meet all of the requirements for a permit, may reduce the number of parking spaces provided by 10% of the total number of spaces required when computed separately for each use.

[1]

Editor's Note: See Ch. 122, Off-Street Parking.

(2)

Outdoor speakers: Outdoor speakers are permitted provided that the sound emitting from the speakers is not audible past the boundary line of the MOE Zone.

(3)

Outside storage: There shall be no outside storage of any equipment, vehicles, materials or supplies. Dumpsters are permitted, provided that they are located within an enclosure that is architecturally compatible with the buildings on the site that the dumpsters serve; the enclosures are finished with a material that is of the same appearance as the building finish; and no part of the dumpster itself is visible from the adjacent streets, pedestrian walkways or residential units.

Parking standards: It is the intent of this district to encourage the efficient layout and design of the parking areas to encourage pedestrian movement, unified and shared parking areas and the minimization of impervious surfaces. A parking and pedestrian circulation plan shall be submitted as part of the site plan approval process.

(1)

The required parking for the site, as determined in Chapter 122 of the City Code, may be reduced by 15% if included in a shared parking area. In addition, the Department may permit the parking to be of a pervious material. Such materials shall be permitted only after review by the Department of Public Works and verification that the materials are pervious and promote best management practices.

(2)

Commercial parking facility, providing:

(a)

The facility meets all setback requirements;

(b)

The facility may be only a parking structure, and each of the exterior wall surfaces (front, rear and sides) of a parking structure shall be similar in architectural treatment and materials and shall be compatible in treatment and materials to adjacent buildings within the zoning district.

(3)

Joint-use parking facility, providing:

(a)

The joint-use parking facility shall be within 600 feet of an entrance of the building(s) to be served.

(b)

Handicap-accessible pedestrian walkways are provided between the parking structure and the participating buildings.

(c)

A copy of the agreement between the owners of all the properties involved in a joint-use parking structure arrangement, which sets forth the terms and conditions and length of the agreement and which provides 120 days' advance notice to the City of the termination of the arrangement, shall be provided for review and comment by the City Attorney and Director of Planning prior to the issuance of a permit.

(d)

The applicant(s) and user(s) of such joint-use parking structure shall execute a statement, acknowledging their responsibility to provide at all times the number of parking spaces required by the City and agreeing that the permit is conditioned upon replacing any lost spaces required by the Off-Street Parking Ordinance[2] within 120 days, prior to the issuance of the permit.

[2]

Editor's Note: See Ch. 122, Off-Street Parking.

(e)

Reserved areas shall be designated on approved site plans to accommodate additional parking resulting from change of use or operating hours or any other factors requiring additional parking.

(f)

Assigned, executive or otherwise reserved parking spaces may be provided and designated only in excess of the herein-required minimum number of parking spaces.

(4)

Vehicular and pedestrian circulation:

(a)

The internal vehicular circulation system must follow a pattern of intersecting streets that provide for internal alternative routes to internal and external destinations.

(b)

Points of external access and alignments of internal roadways must facilitate use of public transit. This may include rights-of-way sufficient for bus pullouts and bus shelters as well as transit easements on private streets.

Subdivision:

(1)

For purposes of this article, the following terms have the meanings indicated:

APPROVED LOT OR LOTS

A lot or lots that result(s) from the subdivision of a development tract in accordance with this article and the subdivision regulations of the Havre de Grace City Code.

DEVELOPMENT PROJECT

The proposed or approved use of a tract of land that is designed in a manner intended to comply with the MOE regulations.

DEVELOPMENT TRACT

All the land shown on a site plan prepared and submitted for approval in accordance with the requirements of the Havre de Grace City Code on which a development project is proposed.

(2)

A site plan may propose the subdivision of a development tract. The Department of Planning shall review the site plan using the following standards:

(a)

A site plan that shows a proposed subdivision of the development tract shall be reviewed first to ensure that the development project complies with all requirements of the Havre de Grace City Zoning Code without deciding the proposed subdivision of the development tract.

(b)

The approved site plan showing the proposed subdivision of the development tract into one or more approved lots shall operate as a recommendation for approval of the subdivision if the development project as shown within the development tract complies with all requirements of the Havre de Grace City Zoning Code. A subdivision may later be approved for all or any part of a development tract. The subsequent approval of any subdivision of the development tract shall not alter, modify or release the overall development project from the design standards and requirements of the Havre de Grace City Zoning Code, including those of this article.

(c)

The individual approved lot or lots created by a subdivision of a development tract shall not individually be required to conform to the requirements of the MOE Zoning District, provided that the overall development project as shown within the development tract otherwise complies with all requirements of the Havre de Grace City Zoning Code. Other restrictions shown on the development plan shall continue to apply as if the subdivision had not occurred.

(d)

Amendments to the approved site plan shall be reviewed for zoning approval first without deciding the proposed subdivision of the development tract into approved lot or lots. The development tract may be expanded or reduced by amendment of the site plan, provided that the resulting development tract complies with all requirements of the Havre de Grace City Zoning Code, and without deciding proposed subdivision of the development into approved lot or lots.

(e)

Prior to the recordation of a subdivision plat of the development tract, the applicant shall establish a maintenance organization with the obligation to maintain all areas and facilities within the subdivision which are designated for common use. The subdivision plat shall contain a clear designation of such common areas and facilities and shall note the obligations of the owners of approved lots with regard to such maintenance, or shall refer to any recorded declaration or agreement regarding such maintenance obligations. Such common areas and facilities shall be subject to all the requirements of the City Code and any and all other applicable laws, rules and regulations with the purpose of ensuring that the common facilities shall be maintained in a good and proper condition and fit for their intended purpose. All cross-access easements, maintenance declarations, or other agreements for the maintenance of common use areas or facilities shall be reviewed by the Department of Planning and the City Attorney prior to approval of the subdivision plat to ensure compliance with existing parking, stormwater, transportation and access requirements and all other regulations. The City shall be named a party in said agreements for the sole purpose of ensuring that a review of any changes to said documents is in compliance with all applicable regulations.

Other requirements. Uses defined under the category of COMAR 10.07.01.03 C are not included as permitted uses under the terms of permitted uses listed in the MOE Mixed Office/Employment Center.

[Added 2-5-2018 by Ord. No. 996]

§ 205-35 Landscaping, lighting and signage standards.

All landscaping material information shall be delivered to the Tree Commission for comment prior to Department of Planning's review and shall promote native plant species. The Tree Commission may provide the Department of Planning with an approved list of tree and shrub species to be used in lieu of reviewing the planting schedule. All planting shall be done in accordance with the Standard for Nursery Stock and shall include a mixture of the approved planting materials. Prior to the approval of the record plat, the Department of Planning shall review and approve a landscaping, lighting and signage plan that meets the following criteria:

A planting area parallel to a public street shall be designed to provide continuity of vegetation along the right-of-way and to soften the impact of development by providing a screened view from the public road. These planting areas, known as "street yards," shall be a minimum of 40 feet wide unless reduced as per § 205-33. Street yards shall contain one shade tree for every 35 linear feet or one ornamental tree per every 25 linear feet of street frontage, less driveway widths. These trees shall be generally equally distributed along the frontage of the public road, but are not required at absolute equal intervals to allow some flexibility in design and the avoidance of utility lines while discouraging long intervals without trees. Shrubbery shall be planted in clusters at a ratio of six shrubs for every tree. Except for utility distribution equipment not exceeding 42 inches in height and 20 square feet in area, which is painted an approved outdoor ANSI green and completely screened by shrubbery, evergreens or landscaping berms, no structures, roads (except driveway points), parking, accessory buildings, or mechanical equipment shall be contained in the planting areas. However, walkways, trails, objects of art and man-made landscape features are allowed.

All required open space, except open space in the parking areas and along private entrance roads as enumerated in Subsections D and E below, shall be landscaped at a ratio of 20 trees and 80 shrubs per acre. Areas that are currently forested and to be kept as open space shall be exempted from this planting requirement. All open space areas shall be a minimum of 25 feet wide. Walkways, trails, objects of art and man-made landscape features also are allowed in these planting areas. These areas shall be landscaped with a variety of trees and shrubs as approved by the Tree Commission. All areas of open space not covered by trees and shrubs shall be seeded with an appropriate seed mixture. For any area adjacent to any residential zoning district, landscaping design shall buffer the residential district from direct light and cause only minimal glare. "Minimal glare" is defined for this subsection as light of an intensity not exceeding 0.5 footcandle as measured at the property line between adjoining lots or parcels. Landscaping design shall incorporate a combination of a variety of vegetative landscape material and other landscaping techniques intended to effectively buffer residences in adjacent residential zoned lots or parcels from exterior lighting used within the MOE Zone. The Department of Planning shall require the installation of the vegetative landscape material in conjunction with other landscaping techniques at the earliest possible time during construction to provide the vegetation sufficient time to mature and provide an effective visual buffer.

[Amended 8-6-2012 by Ord. No. 943]

If a landscape area or planting bed is proposed around a building it shall have a minimum width of five feet.

Off-street parking lots having more than 15 parking spaces shall provide a landscaped island at the ends of each parking row or aisle and additional landscaped islands at the ratio of one island at least eight feet wide for each 12 contiguous parking spaces. These landscaped islands shall be a minimum of 144 square feet in area for a single parking row and 288 square feet in area for a double parking row, with a minimum inside dimension of eight feet and a minimum prepared depth of 24 inches. These landscaped medians shall have a minimum inside dimension width of eight feet and a minimum prepared depth of 24 inches. The islands shall have curbs and gutters while the medians may either have curbs and gutters or be open sectioned to allow for stormwater infiltration, providing medians are protected with wheel stops at each parking space to protect them from vehicular encroachments. Trees shall be planted at a minimum rate of three trees and eight shrubs per every island of 244 square feet or larger and two trees and four shrubs for every island that is less than 244 feet square feet. Street yard trees cannot be credited toward the parking lot tree requirements. If the parking lot is used for stormwater management environmental site design practices, parking landscape requirements as required by this subsection shall be waived.

[Amended 8-6-2012 by Ord. No. 943]

Any area considered to be a private entrance driveway shall have a minimum twenty-foot planting strip on both sides of the entrance driveway. This area shall be planted with at least one tree every 25 linear feet of frontage, less driveway widths. These trees shall be generally equally distributed along the frontage of the private entrance driveways, but are not required at absolute equal intervals to allow some flexibility in design and the avoidance of utility lines while discouraging long intervals without trees. Shrubbery shall be planted in clusters at a ratio of six shrubs for every tree, except where the Tree Commission recommends otherwise and where approved by the Department of Planning.

Exterior lighting:

[Amended 8-6-2012 by Ord. No. 943]

(1)

Lights illuminating off-street parking or loading areas shall be arranged and installed so that any spill onto adjacent areas shall be minimal glare. Spill over light from the MOE Zone at any adjacent property line of an existing single-family residential lot currently within the municipal boundaries of the City shall not exceed 0.1 footcandle.

(2)

Lighting standards shall not exceed 35 feet in height. Lighting fixtures shall be of a directional-type capable of shielding the light source from direct view from adjacent residential lots or parcels.

Signage:[1] The project site plan shall identify the proposed location of all proposed signage. Signage shall be compatible in quality, style, color and materials to the building with which it is associated. Creative modifications to standard signage used by large corporations are encouraged. Signage elevations shall be submitted with sign permit applications. Ground monument signs shall be located to ensure safety to vehicular traffic and pedestrians. Freestanding signs shall not extend higher than 25 feet above the finished grade. No sign shall extend above the finished deck of a flat roof or the ridge of an elevated or gable roof of a building. Ground level signs, including monument signs, shall be no larger than 50 square feet, per face, not including framework, structure or support elements, for single-tenant signs and 100 square feet per face, not including framework, structure or support elements, for multiple-tenant signs. Elevated signs shall be no larger than 100 square feet, not including framework, structure or support posts. Freestanding or wall-mounted building and project naming signage is exempt from these specific signage regulations, however, such signage still requires review and approval by the Director of Planning.

[Amended 8-6-2012 by Ord. No. 943]

[1]

Editor's Note: See also Ch. 151, Signs.